How do I serve on a jury? (And is there any way to get out of it?)
February 4, 2009
Most people claim to hate jury duty, despite its critical role in our justice system.
Maybe you’re one of them. You wince at the thought of sitting on a hard, wooden bench among strangers for weeks on end, listening to endless legal debates during an often-tedious trial with breaks that are more frequent and ill-timed than commercials on “Monday Night Football.”
But what about those few but enthusiastic, public-spirited citizens who want to be jurors? You know them: the “Law & Order” addicts, the seniors who prefer real-life drama to TV, the folks so bored at their jobs they would jump at the chance for a change of scenery.
If you’re itching to serve on a jury, how can you hedge your bets?
For one thing, cover up your Metal Head tattoo or National Rifle Association button. If you appear too extreme in one direction or the other, there’s a strong chance you’ll get knocked off the list early on.
As any “Boston Legal” junkie knows, lawyers on each side of a case get to strike the names of a certain number of jurors — in a process known as peremptory challenge — simply because they don’t like the way the would-be jurors look or act. The lawyers don’t even have to explain why.
“If I were trying to get on a jury, I would appear neutral, appear bland and appear simple,” says Andrew C. Meyer Jr., a Boston medical-malpractice lawyer who has won hundreds of millions of dollars in verdicts against doctors.
Meyer adds, “By simple, I mean plain, with a nondescript manner, because both sides will think you’ll be on their side and follow their lead.”
The judge, meanwhile, can get rid of any juror who appears to be biased toward one side or the other, in what’s called a challenge for cause. So if you’re eager to sit in judgment of a fellow human being, be open-minded and project fairness.
“The way to get on a jury is to say, ‘I can be fair and impartial,’ no matter what the question is,” says Jeremy Silverfine, a Boston lawyer who has tried scores of civil and criminal cases. “If you have six brothers who are police officers, say, ‘I can be fair and impartial.’ Those are the magic words. The lawyers may knock you off the jury, but a judge won’t knock you off.”
Richard M. Egbert, a Boston criminal defense lawyer known for taking on some of the state’s toughest crime cases, rankles at the suggestion of someone making a deliberate effort to get picked.
“Be honest!” he scolds. “If you’re trying to get on a jury and you’re dishonest, then you’ve totally, totally screwed the system. You’ve deliberately not told the truth about something which affects the lawyers’ decisions on whether you’re a juror they’d like to have — and that’s just not your choice. But there are people who do it,” he sighs.
If you don’t get picked, don’t take it personally.
“Lawyers are very quirky about who they like and don’t like, and you shouldn’t have hurt feelings if you don’t get picked,” says David W. White, a Boston plaintiffs’ lawyer. “Some lawyers don’t like accountants or engineers. They don’t get picked too often because they’re seen as too cold and dispassionate, though not necessarily by me. And doctors won’t get picked for a medical-malpractice case by the plaintiff because they’re considered biased, even if they disclaim any bias.”
Finally, if you are seated on a jury, realize what you’re getting into. While trials are often fascinating and you are performing an important duty, the testimony can be emotionally challenging for jurors, especially when the evidence is graphic or tragic.
“I’ve had people pass out during opening statement,” says Meyer, the medical-malpractice lawyer. “They think they can listen to the testimony, but once we start describing something medical, the next thing you’ll see their eyes rolling back in their head and it’s, ‘Your honor, let’s stop. Juror Number 3 is about to hit the deck.’” {EXA}
-Elaine McArdle, formerly an editor for Lawyers USA, is a freelance writer. She can be reached at elainemca@hotmail.com.
For memorable stories jurors have told lawyers, click here.







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